The infamous Whopper, the subject of a recent lawsuit alleging misleading advertising practices.
Burger King is under legal scrutiny for allegedly misleading customers about the size of its Whopper. Filed in Miami, the lawsuit claims that the burger appears significantly larger in advertisements than what is actually served. A recent court ruling allowed the case to proceed, with concerns raised about deceptive marketing practices. Nineteen customers from multiple states have come together to challenge the fast-food giant, arguing that their representations are misleading. This could lead to a significant examination of transparency in food advertising.
It seems the famous Whopper from Burger King is facing some serious scrutiny. The fast-food giant is now embroiled in a class-action lawsuit that could have some pretty big implications for how it advertises its food. The lawsuit, which was filed in U.S. District Court in Miami back in March 2022, claims that the company has been misleading customers about just how big its beloved Whopper truly is.
This legal drama took another twist when U.S. District Judge Roy Altman ruled on May 5, 2025, that the case could go ahead. The ruling indicated that reasonable consumers might actually be misled by the advertisements put out by Burger King. That’s right! The judge suggested there’s something fishy going on with those tantalizing images of the Whopper that have been tempting our taste buds for years.
The lawsuit has drawn in nineteen customers hailing from thirteen different states, all banding together to take on Burger King. The plaintiffs argue that the fast-food chain has been seriously exaggerating the size of its menu items, especially in-store and online ads. In particular, they claim that the Whopper appears to be overflowing its bun and looks a whopping 35% larger than what customers actually receive.
But what really gets to the heart of this case is the claim that the burgers in the ads contain more than double the meat compared to what ends up on your tray. Yes, you heard right! The advertisement’s portrayal suggests you’re getting a whole lot more than you bargain for when you order a Whopper. This is a big deal, especially for a signature item that has been around since 1957!
In response to the allegations, Burger King admitted that its photographers tend to “style sandwiches more beautifully” than what customers might see when they unwrap their meals. Yet, the company argues this is a common practice in food advertising and doesn’t necessarily mean they’re pulling a fast one on customers. Still, Judge Altman noted that Burger King’s ad claims might not just be playful exaggeration, but could actually be deceiving the public.
The lawsuit refers specifically to ads released after 2017 when the discrepancies in Whopper sizes allegedly became even more noticeable. It’s important to point out that there was a similar lawsuit against McDonald’s and Wendy’s that got tossed out by a federal judge in Brooklyn in September 2023 for lack of evidence. However, Altman has distinguished this case by noting the greater degree of size overstatement by Burger King, which might just give this case more legs.
Burger King is part of Restaurant Brands International, a bigger umbrella that also oversees chains like Tim Hortons, Popeyes, and Firehouse Subs. Following the ruling, the company has firmly stated that the claims from the plaintiffs are false, insisting that the burger patties they serve in ads and in stores are indeed the same.
As the clouds gather over Burger King, the lead attorney for the plaintiffs expressed satisfaction with the judge’s decision, highlighting plans to push ahead with certifying the case as a class action. Meanwhile, another lawsuit against Subway is also stirring the pot in Brooklyn, where similar allegations about misleading meat quantities are being scrutinized.
With all eyes on the Whopper, this courtroom showdown promises to keep fans and critics alike waiting with bated breath. If customers indeed feel that they’ve been misled about their meal, it could spark a larger conversation about food transparency in fast food advertising. We’ll just have to wait and see how this giant burger battle unfolds!
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